UK Law and Practice Contributed by: Alex Cook, Helix Law
being done and being seen to be done is held in high regard. 2.6 Interim Relief In England and Wales, a wide range of interim relief is available. The most common form of urgent and immediate relief is obtained via an interim injunction application. This seeks to maintain the status quo pending the outcome of the main dispute. Where there is risk of dissipation and a proprietary interest, freezing orders can also be obtained. Search orders can be made to preserve evidence, but these are rare. Interim orders are often sought in commercial disputes; however, these are highly specialised and are not straightforward. The court may also order interim payment of damages or security for costs on an interim basis – ie, before the trial has even taken place. There are specific rules relating to each of these types of application. Interim relief is commonly sought in commercial liti- gation, particularly in urgent or high-value disputes where there is a risk of asset dissipation. These appli- cations carry significant risk and potential reward, not least because, tactically speaking, they can alter the commercial position significantly, long before any trial takes place. 2.7 Final Relief Relief can take different forms in commercial disputes. Generally speaking, the primary form of final relief in commercial litigation is an award of damages, which compensate the claimant for loss suffered as a result of the defendant’s breach or wrongdoing. In niche commercial disputes, such as shareholder litigation involving unfair prejudice, the court has wide discretion and may order damages, the sale or pur- chase of shares for a specific sum, or the winding-up of a company. The courts have a wide range of equitable remedies available to them. A judge can restrain or require cer- tain conduct and order specific performance, com- pelling a party to perform its contractual obligations. The court may also make declarations, clarifying rights and obligations.
In some cases, remedies can include an account or enquiry. Usually, remedies are linked to the relief the claim- ant seeks, therefore care is needed at the very outset to ensure that the claim is pursued in a manner that matches the remedy sought. 2.8 Damages The aim of damages is to put the claimant into a position they would have been in were it not for the defendant’s conduct. In this sense, damages are com- pensatory, not punitive or exemplary. In contractual claims, this usually involves awarding the claimant losses that are naturally arising or within the reason- able contemplation, while in tort, damages are usually calculated on the basis of those that are reasonably foreseeable. In commercial disputes, the court will often consider the counterfactual position when considering dam- ages, while also applying a number of established principles. Losses must not be too remote and the claimant is generally under a duty to mitigate their loss, meaning they must take reasonable steps to reduce losses. Different types of loss may be recoverable depend- ing on the case, including direct losses, consequential losses, and (in some cases) loss of profit. In certain situations, the court may also award reliance dam- ages (reimbursing wasted expenditure) or liquidated damages, where the parties have agreed a genuine pre-estimate of loss in advance. Overall, the assess- ment is highly fact-specific, but guided by established principles aimed at achieving fair compensation rather than punishment. 3. Arbitration 3.1 Prevalence No response has been provided in this jurisdiction. 3.2 Restrictions on Use of Arbitration No response has been provided in this jurisdiction.
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